Archive for March 18th, 2013

(CNS): The former premier of the Cayman Islands is expected to answer his bail on Tuesday in connection with his arrest in December. McKeeva Bush was bailed in February after the police said that the investigations had widened and they were making enquiries overseas. The veteran politician has persistently denied doing anything illegal and has made it clear he expects to be charged before the election as a result of a conspiracy against him but he will fight the wrongful allegations and is confident of exoneration. Meanwhile, his former political colleague Rolston Anglin is listed for sentencing tomorrow in traffic court in connection with his DUI conviction, but the minister is currently in Brazil.

Bush, who was arrested at his West Bay home in December on suspicion of theft and several offences under the anti-corruption law, was questioned by police for two days in connection with accusations relating to the misuse of a government credit card and his involvement with an imported consignment of dynamite without the correct paperwork.
The director of the company, which was fined in Summary Court last year over the shipment, intended for blasting at a Bodden Town quarry to fulfill a contract with Dart, was also arrested shortly after Bush. Suresh Prasad, who is a close friend of the former premier, is also expected to answer police bail Tuesday.

Alongside the allegations of theft in relation to the government credit card and Bush’s involvement with the dynamite shipment, the police are still investigating allegations that have been made about Bush in connection with a questionable demand for payment to Stan Thomas in 2004. In a now infamous faxed letter to the US developer, Bush, who was the leader of government business at the time, appeared to be soliciting payment for the re-zoning of land in the West Bay Road area, which was then owned by Thomas but has since been bought by Dart.

In addition, it is understood that there could be at least two more probes surrounding the former premier that police are continuing to investigate in relation to accusations of corruption.

Since his arrest and the first two days of questioning, Bush returned to the police in February but he was immediately re-bailed to appear again on 19 March. The police said that enquiries were on-going and that the probe now included locations in Europe, the United States and in Asia. Continuing to deny any wrongdoing, Bush has been arrested on suspicion of certain offences but he has not been charged with any crime.

Bush’s former Cabinet and UDP colleague, Rolston Anglin, the education minister and deputy premier, who is dealing with legal difficulties of his own, is scheduled to be sentenced in Summary Court tomorrow. However, despite being listed to appear, the minister who also has responsibility for financial services, is in Brazil at a hedge fund conference and so will be a no show at his hearing.

(CNS): Candidates putting themselves forward for the May election are being invited to meet with the information commissioner to discuss the Freedom of Information Law. Jennifer Dilbert issued an open invitation to would-be politicians following public discussions in the media that, she said, demonstrate a lack of understanding of the law among some candidates. Meanwhile, the current politicians have finally completed their review of the law, which was a requirement of the original legislation. The sub-committee has made recommendations to clarify the FOI law and improve its application but has rejected calls to introduce a fee or remove the right of applicants to remain anonymous.

FOI has become a critical piece of local legislation and Dilbert stated that so far her offer has been taken up by six candidates, who found the discussions to be helpful and educational. In her letter to the political hopefuls, Dilbert said it was obvious to her that “there exists a real lack of understanding of Freedom of Information Legislation” and practice in Cayman.

“This is a fundamental tool for upholding good governance and human rights, and I believe it is a topic that each candidate in the upcoming election, and even more importantly, all of our legislators, should have a good understanding of,” Dilbert added.

She said that she and her staff who would be happy to spend some time with the candidates to provide them with an understanding and grounding in the law and its practical application, as well as answer any questions they may have. All candidates who have not yet met with Dilbert or her team are encouraged to contact her office to make an appointment, she said.

The Freedom of Information legislation was introduced by the PPM government in 2007 and came into force two years later. Although several public authorities are still struggling to follow the law, it has ushered in a new era of transparency that the government has never experienced before. It has also exposed considerable weaknesses in government’s record keeping and in some cases a continuing reluctance to divulge information that the people have a right to know.

There have been many difficulties with procedural issues and the information commissioner has had to deal with more than 28 appeals to date where public authorities have fought hard to keep records under wraps. Nevertheless, her under-staffed office as done as much as it can totry and change the culture of secrecy in government. As a result, thousands of requests for information from government have been granted since the law came into effect. As well as making government more accountable, it has given the public a much greater insight into some of the systemic problems related to the country’s governance.

The law, when it was drafted, called for its own review under section 58, and although that should have occurred by 2010, the report is now complete and legislators have agreed on a number of administrative amendments, some clarifications and other changes to help with the law’s application. Controversial suggestions made by the former premier that applicants should have to pay to make requests and reveal their identities have, however, been rejected by the committee.

The report is now a public document and available from the Legislative Assembly.

(CNS): With late starts, two hour lunch breaks and long debates on private members' motions, government struggled to complete its business agenda last week when the Legislative Assembly met for three days. With the arrival of dignitaries from around the Commonwealth on Monday for a special meeting of its parliamentary association at the assembly building, the LA was adjourned until next Friday, when government will have just a few days to push through several more bills before the governor closes down this parliament on Tuesday, triggering the official start of Cayman’s general election campaign 2013.

The legislators debated four private members motions last week and managed to push through a few of the more the thirteen pieces of legislation government is hoping to complete before the dissolution of the House next week.

With a tight timetable, the speaker was constantly reminding members during the three days of the government’s workload and attempted to curtail Ellio Solomon during his lengthy debate on one of two private members bills he brought, despite the fact that he and all members are entitled to two hours. Legislators made slow progress on the main business of the week, with most of the bills on Friday’s order paper still to be debated and voted upon.

See Friday’s order paper with list of bills government needs to address.

(CNS): A second person has been hit by a police Taser following an altercation outside a George Town nightclub in the early hours of Saturday morning. The 23-year-old man, who police said was armed with a knife, was shot with the taser, which packs 50,000 volt punch, when he interfered with an arrest and threatened officers from the uniform support group who had been called to Elements Nightclub in the Strand at around 3.30am. A group of young men and women were arguing and being disorderly outside the club, a police spokesperson stated, and as USG officers were arresting one man another tried to intervene and prevent the arrest.

“Despite repeated warnings he refused to desist and then pulled a knife on one of the officers,” the RCIPS said. “He refused to comply with instructions to put the knife down. As a result, an officer who was armed with both his conventional firearm and Taser discharged the Taser. The man immediately fell to the ground where officers subdued him and disarmed him. The probes were removed and first aid was administered,’ the spokesperson added.

The man is now said to be in police custody having been arrested on suspicion of disorderly conduct, resisting arrest and possession of controlled substance.
Police stated that the agreed post-incident investigative protocols for the use of Taser have now been implemented and a report on the incident is being compiled.

This is the second time the RCIPS have used the new weapon which was added to their arsenal at the beginning of this year. The first victim was tasered just four days after the weapon was commissioned. Police used the stun-gun on a suspected burglar who had escaped from police custody. 44-year-old Jeff Pandohie was also armed with a large knife when an officer from the Uniform Support Group fired the taser at him in Bodden Town
The weapons are fitted with taser-cams which film the discharging of the stun guns and police have said the footage could be made public if it is not needed as evidence.

However, at this point the footage regarding the first incident in January has not yet been released.

(CNS): The opposition leader has told the PPM party faithful that the “Progressive Express had left the station” and was on route to the Legislative Assembly, picking up passengers along the way. Confident that the PPM would form the next government, Alden McLaughlin said the party made history on Thursday night when it opened a branch office in the district of West Bay and formally introduced its three candidates, who would break into what he called “fortress McKeeva”. He said the PPM would shake off the stranglehold that the former premier, McKeeva Bush, and the UDP have had in the district since the party was formed.

Speaking at the formal opening of the PPM’s West Bay office, where close to 200 people had gathered, the opposition leader said the Progressives had done what no one “believed was possible” with the establishment of a branch office (LeMar Village, Unit #12, 312 W.Church Street) as well as fielding three candidates on the PPM ticket, giving people a genuine political choice in the district.

McLaughlin said that if the people of West Bay wanted representation in the next government they had to vote for the three Progressive candidates. He reminded them that in 2005-09 after the PPM won every seat it had contested, West Bay was left without any representation in government.

“This time it is different,” he said, acknowledging that the PPM should have run its own candidates in the district in previous elections. “We are fielding a solid team and all we need is your support and West Bay will be represented in the next government.”

The PPM leader said that the party had a real chance of securing seats in the district in the 2013 vote. He said the UDP vote would be split because of the fracture between Bush and Captain Eugene Ebanks on the one hand and their former district party colleagues, (the 'UDPLite'), Rolston Anglin and Cline Glidden, on the other. The two men were both ousted from the UDP after they supported the opposition’s no confidence motion in the wake of Bush’s arrest in December.

“The UDP is dead nationally,” McLaughlin said as he called on the party faithful to spread the word in the district that unless people voted PPM they would not have any MLAs in government come 23 May.

Ray Farrington, Woody DaCosta and Capt Bryan Ebanks, who are all now confirmed on the PPM ticket, called on the district to help them get elected.

Farrington said they would work towards getting the people of West Bay self-sufficient again and stop relying on hand-outs from politicians.

“We will work to ensure corruption is stamped out,” he promised, adding that teamwork achieves more. Ebanks said the UDP had put money and personal opportunity above the district as he asked the people “not to let your country slip away” and warned that they should stay engaged with local politics and vote Progressive.

DaCosta said the PPM would win and promised a Progressive government in a progressive country. He also said the Progressives were committed to taking back the West Bay road and fighting for two roads into the district. He explained that there had been considerable debate in the PPM about the issue but now the party was now committed to keeping the West Bay Road as a through route.

Although the PPM leadership continues to state that it wants to run four candidates in West Bay, it has not yet confirmed a fourth name for the district that is likely to prove the toughest for the Progressives.

However, no other group has yet revealed a full four candidate team for West Bay. As of Monday morning (18 March), the UDP had not yet announced who will be joining Bush and Eugene Ebanks on the UDP ticket. Although Bush is expected to be re-elected with a significant majority, despite his current difficulties in relation to a number of police investigations, and likely to carry Ebanks with him, there has been no announcement from the UDP about who will be joining them on the campaign trail. With question marks surrounding the full UDP team, Bush could lose his long held four-seat UDP grip in the constituency.

Anglin and Glidden have not yet indicated how they plan to retain their seats or whether they will be inviting two more people to join them as they fight alongside their current Cabinet colleagues.

Dwene Ebanks is the only independent candidate to announce his intention to run in the district so far, though it is anticipated several more will be announcing over the next week as the clock ticks down to Nomination Day on 27 March.

Meanwhile, Tara Rivers and Mervin Smith have both opted to run on the Coalition for Cayman platform, but no formal announcements regarding their endorsement has yet been made.

(CNS): Following the announcement last week by UCCI of the five guests that would be making up the panel at this week’s political forum, the college said Monday afternoon that a sixth man has been added to the line-up. In the second in the two part series, Jonathan Piercy from the UDP will be joining two of his former party colleagues, one PPM representative and two C4C candidates, for a debate on youth, education, employment and crime. The late addition sees the UDP finally participating in the forum organised by the local university in an effort to educate not just its student body but the wider public about the candidates hoping to win seats in the May General election.

Although Ellio Solomon had been invited to the first of the series, which focused on corruption and transparency, the UDP MLA for George Town did not show up. However, the appearance of Piercy, who is one of the UDP’s candidates in George Town who came in fifth at the last election just behind Solomon, will address the balance.

Piercy will join the former chair of the UDP George Town committee, Stefan Baraud, who left the UDP last year following a very public split with the former premier. Baraud, who was appointed Port Authority chair by McKeeva Bush, left the board when the two men clashed over plans for the cruise berthing facilities and the rejection of the GLF agreement by Bush in favour of starting talks with China Harbour Engineering Company Ltd.

Alongside Baraud will be the former UDP member, Mark Scotland, who was booted out of the party after he sided with the opposition to oust Bush from office in December in the wake of the former premier’s arrest. Scotland is currently part of the minority government and is expected to fight for his Bodden Town seat on an unnamed party ticket with his current Cabinet colleagues.

The current and former UDP members will all be joining the Coalition for Cayman candidates, Winston Connolly, who is contesting a seat in George Town and Tara Rivers, who is running in West Bay. Meanwhile, one of the youngest people in this election campaign, the PPM’s candidate for George Town, Kenny Bryan will be completing the line-up.

Ben Meade, Cayman 27’s News Director, will moderate the event, which will include submitted questions from the public.

Those who attend the forum will have a chance to ask the candidates questions directly or to submit questions in writing throughout the event. UCCI has already started soliciting questions from its students and the community at large via email and Facebook,which will be available throughout the forum so that those watching and listening can interact with the candidates.

The final forum will be held on Wednesday, 20 March, at 6:30pm at the Sir Vassel Johnson Hall at UCCI. The first hour will be televised on Cayman 27 and the entire two hours will be broadcast on Radio Cayman 89.9FM from 7pm to ensure that all voters, including those in the outer districts and the Sister Islands, have access to the information that will be provided at the event.

Questions can be sent via email to: forum@ucci.edu.ky or placed directly on Facebook: www.facebook.com/officialUCCI

For more information log on to www.ucci.edu.ky click the forum banner or email forum@ucci.edu.ky.

(CNS): One of the UDP’s George Town MLAs has accused the RCIPS of atrocities and called for the complaints commissioner to have oversight of the police service. Ellio Solomon filed a private member’s motion in the Legislative Assembly, which was debated on Thursday, asking government to do something about the current situation that allows the cops to investigate themselves. Solomon, who was part of the UDP while it was in government for three and a half years, called upon the interim minority administration, which has less than ten weeks left in office, to address the issue. In his debate he said that “many atrocities” were occurring in the police and questioned how the RCIPS could investigate the people but the police are only investigated by themselves.

Solomon accused the police commissioner of misleading the Legislative Assembly when he told Finance Committee that no assault of a junior cop by a higher ranking officer had occurred when it was later exposed that, indeed, an assault had been allegedand investigated. This case, he said, was the tip of the iceberg inside the RCIPS, as it appeared the police answer to no one.

The UDP MLA said there was a need for an independent organisation that is neutral which can investigate properly instead of allowing the RCIPS to deal with complaints behind closed doors. He said it was ironic that the only government departments that cannot be investigated by the Office of the Complaints Commissioner were those “that are the instruments of the UK government".

Pointing to the damage done by Operation Tempura, the costly internal police corruption investigation that came to nought throughout 2007 and 2008, he said it was still shrouded in secrecy when it was the Cayman Islands that had footed the bill.

“This is not about kicking out jolly old England,” he said. “There is a need for an equal and level playing field,” he said adding that people were “sitting in ivory towers and subject to no one".

"England allows a lot of things to happen here that they do not allow in England but that’s the territory,” he said. “We are not talking about the hard working British man in street or that comes here, we are talking about the UK government,” Solomon said, as he suggested the UK operated one way at home and another abroad.

He said he would be accused of electioneering but that did not alter the fact that it is not right for the police to investigate their own when members of the public “have suffered at the hands of RCIPS”.

Solomon made no mention of his party’s leader, former premier McKeeva Bush, and his troubles with the police following his arrest in December on suspicion of theft and offences under the anti- corruption law and his subsequent fall from high office as a result of a split in the UDP ranks.

Speaking on behalf of Cabinet, Deputy Governor Franz Manderson said that since government introduced the new police bill, it has been aware of the need to change the law and not have police investigating themselves. He said government has plans for a public complaints authority but so far establishing such a body has not proved economically feasible. He said government was looking at other options to create a fair process and has also examined the UK’s own independent police complaints commission. Manderson agreed that the situation needed addressing as there has to be some form of civilian oversight to deal with police complaints.

“In the UK they have a separate agency and police don’t investigate themselves,” Manderson said. “That’s what we want to see. Civilian oversight is essential as the police are ultimately responsible to the public.”

The deputy governor said a lot of work had already been done and government would accept the motion to examine the possibility of the OCC taking over the complaints process. He said there was a need to improve relations between the police and the public as the community must have confidence that there is an open and transparent process in place.

(CNS Business): The property on Cayman Brac owned by Divi Resorts Group is not for sale and the firm is committed to re-developing the resort when the global economic business environment supports such development, according to President & CEO, EJ Schanfarber. Divi Tiara Beach Resort, a 51-room hotel with 12 timeshare units, closed on the 23 September 2006 with the loss of 37 jobs on the island. But the hotel chain, which has a number of resorts in Aruba, Barbados, Bonaire, St Croix, and St Maarten, does plan to rebuild on the Brac, especially since it offers the opportunity to build an eco-friendly resort from the ground up that is integrated with the fragile environment of the island. (Left: Divi Tiara in better days) Read more on CNS Business.

(CNS): Commuters from West Bay to George Town were greeted with a traffic nightmare on Monday morning following the closureof the West Bay Road by a local developer. Contrary to the information on the recent gazette regarding the first part of the Esterly Tibbetts Highway’s closure, Dart Realty Cayman Ltd has closed the road from Yacht Drive all the way to Governor’s Square. There was no formal notification from the NRA or any other government agency and Dart issued a notice at 7:00 Monday morning. By 7:15 the traffic on West Bay road was bumper to bumper, stretching back to the West Bay fire station as drivers were greeted with the unexpected diversion.

The access points to the new Esterley Tibbetts Highway were being manned by staff from DECCO, Dart’s construction company, with no sign of any NRA employees. In direct contradiction of what government told the media at the last press briefing on 7 March, Dart said in its notice to the media that there would no longer be through traffic on West Bay Road between Governors Way and Raleigh Quay.

Although Cabinet members had stated that only a short strip of the road between the Seven Mile public beach and Raleigh Quay was expected to close first, facilitating the local beach upgrade, as it was still negotiating with Dart regarding the ForCayman Investment Alliance, Dart has gone way beyond that.

Just two weeks ahead of the traditional Easter camping weekend, the developer has erected barriers at the North bound junction of the West Bay Road, diverting traffic on the existing ETH and has placed a narrow diversion system on the south bound lane pushing traffic onto a temporary road surface and then on to the new stretch of the highway.

It is not clear under what authority the road is now closed. Cline Glidden told CNS that he was not sure why the road would be closed from Yacht Drive to Governor's Square unless it was a temporarily situation while work is on-going for the tie ins to the new road.

“That section of road has not been de-gazetted and as such remains a public road. The only section which has been legally closed is the section which we stated had been de-gazetted and would be closed,” said the minister, who has been directly involved in the Dart negotiations. Although no traffic is being allowed through the barrier at Governors Square, the minster said that the road is only closed between Governor's Way towards town and Raleigh Quay towards West Bay.

Dart did not state how temporary the situation would be with regards to the rest of the road which is closed, but indicated that from Monday traffic between Lime Tree Bay Avenue and Yacht Drive would be redirected to facilitate the connection of the new Governor's Way to West Bay Road and to allow work to continue on Public Beach Park.

“Esterley Tibbetts Highway Phase One is open to traffic,” officials from the company stated. “There will no longer be through traffic on West Bay Road between Governors Way and Raleigh Quay and all through traffic will be temporarily diverted onto the Esterley Tibbetts Highway at Lime Tree Bay Avenue.”

The firm said Northbound local traffic access on West Bay Road will be permitted to Governor's Way and Southbound local traffic access on West Bay Road will be permitted to the Public Beach parking area.

“The new Governor's Way connection point to West bay Road is expected to open in two weeks,” Dart said, as it warned drivers to allow additional time for their journey while the temporary stages of these works are underway.”

The notice was issued well after the morning commute had begun, which turned into a nightmare for West Bay residents as drivers negotiated the temporary narrowed diversion slip road onto the old Yacht Drive before they were able to access the newsection of the ETH. With no notifications from the NRA, many drivers were caught unaware and a spokesperson for Truly4Cayman told CNS they were surprised at the closure given the recent information from government, the continued opposition from the community and the filing of two legal actions against the closure.

“Not only is Dart ignoring the wishes of a significant numberof the people, it also appears not to be able to understand the gazette. The lawful closure is limited only to the stretch of road in front of the public beach. This diversion goes way beyond this and illustrates the entire disregard for the public and for process where this project is concerned,” the spokesperson said.

Ray Farrington and Woody Da Costa, members of the PPM opposition party, who are both is running for a seat in West Bay and whose would-be constituents are the most affected by the road closure, said they felt it was a great shame that the wishes of a significant section of the population were being ignored.

“With better negotiations, this result could have been avoided,” Ray Farrington, the West Bay Progressive candidate stated. “While this may look to be a good decision in the short term, I say again that the country has missed an opportunity to improve our overall tourist experience in the SMB area and, in the longer term, we will come to regret not having two routes in this area. This has also come as part of extensive concessions, which set a dangerous precedent,” he added.

Meanwhile, his party colleague, Woody Da Costa, described the closure as a “thief in the night approach” by the current administration and Dart.

“Today’s actions clearly and unambiguously demonstrate the lack of transparency and good governance of the UDP administration and now the Fractured Five (“UDP Lite”). We are gravely concerned for the reputation of this jurisdiction in the eyes of the international community, insofar that a private developer can dictate the manner in which we, as an island nation, are governed,” Da Costa said, adding that government had given away this most valuable and significant Crown land upon the initial signing of the FCIA without any caveat whatsoever.

“They continuously mislead our people by frequently using the now worn out phrase 'value for money', when, in fact, that most significant prerequisite to any negotiation on behalf of the people of the Cayman Islands appears not to have played a role in the FCIA,” he said, “We have warned the people of this deceptive and destructive manner of his previous and now current administration. Acts such as what transpired today goes against every principle of good governance. Consequently, we call once again on all level headed citizens and the governor to join us to right this wrong,” the PPM candidate stated.

Members of the various community groups that are opposing the deal, which involves a crown land swap with the developer and government, have said they are not taking any direct action which would involve civil disobedience over Monday’s surprise closing but are waiting to see if the courts will put a stop to the closure as a result of one or both of the actions which have been filed in the local courts. A spokesperson for the activists said they were confident that the judicial system could stop this deal as a result of the various unlawful actions by the parties involved relating to the whole proposed deal.

As those opposing the deal take to the courts, it is still unclear what sections of the West Bay Road will re-open and when. While work continues, commuters will be faced with traffic nightmares as drivers negotiate the narrow contraflow diversion at Yacht Drive and are greeted with a barrier by the governor’s residence on the northbound section of the West Bay Road.

Cayman’s news media houses are finally reaping the fruits of our political discontent which they cleverly helped to sow over the past four years. And politics with their assistance has again been turned into a game played only by the rich and their proxies. The cliché of freedom of information and freedom of speech is again only relevant if the candidates can pay them to be read, heard or seen.

This is a tremendous advantage for the established political parties although many have called for their death and burial. With the financial assistance of their elite friendship, networks the Coalition for Cayman or Cash or the Rich is generating more cash topay newspapers, radio talk shows and the TV than the UDP or PPM.

The vast amount of money spent by these new politicians to achieve ideological dominance of the political stage, while necessary charities like the Human Society and Meals on Wheels go without, makes it very clear that their concern in this election is for nothing other than political power. For, the manner in which endorsed candidates of the C4C are seeking election makes it clear that their goals are not to create real opportunities for the middle classes or protect the wages and rights of our construction, hotel and other wage earners but to gain further social and economic dominance.

The C4C, rather than respecting the amounts of money the Election Law permits each candidate to spend, is evading the law without shame by making huge purchases of everything needed just ahead of Nomination Day. It is therefore no wonder that the new political pundits in the ranks of the independents can call for the death of the political system. Perhaps, after discovering more modern means of election spending avoidance or evasion and political insincerity, the C4C should become more transparent by changing their slogan from Country First, to “We First”.

Certainly our political culture is not being improved by these new politicians. We see the same food and drinks and other enticements being served to the people. And if getting the attention of the public in order to get your message out is the main strategy of any politician, then the political party system, called by whatever name, is very much necessary and alive and perhaps the C4C may soon tell us that they are a political party after all.

Politics is not fair and it is the game of the rich not the poor. Therefore, we can suspect that change managed by the C4C following the May elections will not allow the poor and young in this country to gain improvements to our police system, justice system, rehabilitation or employment systems. Our youth will still be divided between those that are said to be social and those deemed anti-social and the anti-social ones will be policed in the style Jamaica has been policed for decades.

My last hope, however, is that although not registered because they did not know anyone in the political system who expresses their views and concerns, our youth will now rise up and use their cultural talents and collectivized identities to help me push the New Vision Movement, which demands an end to social and economic discrimination, marginalization, and condemnation. The New Vision Movement puts the people first by demanding a rethinking of laws, which serve to criminalize our people while providing great social and economic opportunities for foreigners in our judiciary, police, and prison and rehabilitation systems.